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DIVISION OF ASSETS, DEBT & PROPERTY IN A DIVORCE

Aug 1, 2024 | Divorce

According to Maryland state law, the division of marital property in the case of divorce must be equitable, meaning it must be fair, not necessarily equal. Some couples are able to come to an agreement about how everything should be divided without legal intervention, and are able to submit an agreement for court approval. Others need the help of a divorce attorney in Maryland or mediators to assist in the negotiation of a settlement.

MARYLAND CHILD SUPPORT

Jul 15, 2024 | Child Support

Child support in Maryland is designed to ensure that every child in the state receives adequate financial support, whether the parents are legally separated, divorced, or if they never married in the first place. Support generally takes the form of payments from the noncustodial parent to the custodial parent. The custodial parent is defined as the parent who provides the majority of the care to the child, and this means that the parent who has been awarded a greater share of custody in divorce proceedings, will generally be the one receiving the support payments. Child support payments typically continue until the child turns 18, but may continue until the child finishes high school if they have not graduated by the time they turn 18. In some instances, the court may determine that the child requires support longer, usually in cases involving disability. Support payments can only end prior to age 18 if the child emancipates themselves, joins the military prior to turning 18, marries and leaves the custodial household, or if the parents agreed to a different time period in their marital settlement agreement. Child support should be taken very seriously and it is important to consult with a Maryland family law attorney about your legal rights.

CHILD CUSTODY INTERSTATE JURISDICTION ISSUES

Jul 1, 2024 | Child Custody

Although the Uniform Custody Jurisdiction and Enforcement Act (UCCJEA) was designed to resolve any complexities between states, if you find yourself in the middle of an interstate child custody dispute, contact an experienced Maryland family law attorney who can help you.

If the parents live in different states or nations, the first issue that must be resolved is whether the court has proper jurisdiction over the person to handle the child custody or support dispute. The UCCJEA is the law that spells out the rules for whether a state’s courts can legally decide a child custody or placement case for any given child. It also explains how custody or visitation orders issued by a court in one state can be enforced by the courts of another state. “Jurisdiction” is the power or right of a court to decide a case and to make orders that can legally be enforced against a particular person or people.

PREMARITAL AGREEMENTS

Jun 15, 2024 | Family Law

Premarital agreements, also known as prenups, are legal documents signed before marriage to define how assets and responsibilities will be handled in the event of divorce, separation, or death. They’re especially common for individuals with substantial assets, children from previous relationships, or potential inheritances but can benefit anyone who prefers to control asset distribution rather than leaving it to the courts.

At The Burton Firm, we guide couples in creating clear, fair, and enforceable premarital agreements, ensuring both parties feel secure and protected. Contact us today to discuss your needs with an experienced Maryland family law attorney.

DOMESTIC VIOLENCE, ETHNICITY IMMIGRATION & CHILD-CUSTODY

May 1, 2024 | Domestic Violence

Domestic violence is a violent confrontation between household members involving physical harm or sexual assault. It can be between spouses, former spouses, those in or formerly in a dating relationship, adults related by blood and those who have a biological or legal parent-child relationship. Domestic violence, beyond just being physically abusive, is also psychological. The batterer uses acts of violence and a series of behaviors including intimidation, threats, psychological abuse and isolation to coerce and control the other person.

GUARDIANSHIP & CUSTODY IN MARYLAND

Apr 15, 2024 | Guardianship

A legal guardian is someone that takes over day-to-day decision making and control of the child that the natural guardian cannot. The legal guardian will make all parenting decisions including requesting and accepting medical treatment on a child’s behalf, enroll the child in public school in the guardian’s community and provide for the child’s general welfare. Keep in mind this does not include financial responsibility as this still remains with the parents but depending on the parent’s situation, guardians often provide financial support. It’s always best to consult with an experienced attorney who can help you with your specific case. Guardianship is a sub-set of custody and because most schools require custody to enroll a minor child, you should look into a kinship care arrangement. In order to obtain guardianship over a minor child, a third party should file a petition which your lawyer can help you with.

CHILD CUSTODY, VISITATION & SUPPORT

Apr 1, 2024 | Child Custody

Child custody and visitation is another important part of the divorce proceeding. When contemplating which parent should get primary custody the Court must reach a decision that is “in the best interest of the child.” There are several major facts that the Courts will consider before awarding primary custody to one parent or the other.

FELONY CONVICTION AS A GROUND FOR DIVORCE

Mar 15, 2024 | Divorce

Getting a divorce is never easy, especially in the state of Maryland where certain variables can affect the outcome of a divorce. There are three main requirements a couple or individual must meet in order to file for divorce in the state of Maryland but it’s always best to speak with a divorce attorney in Maryland regarding your case specifically. Maryland is a state that requires “fault” in order to grant a divorce. It is also possible to be granted a divorce when there has been a voluntary separation of the married couple for 12 consecutive months.

DIVIDING PROPERTY IN A DIVORCE

Feb 15, 2024 | Divorce

Divorce is never an easy event to go through as there are a lot of emotional and financial difficulties to figure out. When a couple gets divorced, all the property acquired during the marriage (furniture, cars, appliances, stocks, bank accounts, pensions etc) regardless of who purchased it, must be divided. Having an experienced Maryland divorce attorney on you side is important to protect your legal rights.

The only exception would be non-marital property – property that was received by one spouse as a gift or inheritance from a third party. Non-marital property could be obtained before or during the marriage. Another important thing to note is that neither spouse is liable for contracts made by the other spouse in his or her name or for the debts the other spouse may have acquired prior to the marriage.

MARYLAND MILITARY DIVORCE ATTORNEY

Jan 15, 2024 | Divorce

Facing a military divorce in Maryland can be daunting, but you don’t have to go through it alone. Contact The Burton Firm today at (301) 420-5540 and take a crucial step towards safeguarding your future. With our experienced Maryland military divorce attorneys, you’ll receive personalized guidance and robust legal support tailored to your unique situation. Whether it’s handling complex asset divisions, custody arrangements, or understanding your rights, we’re committed to guiding you through every stage of this challenging process. Don’t delay in securing the expertise and dedicated representation you need; reach out to The Burton Firm now and start your journey towards a fair and just resolution.

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